Nevada Bankruptcy Legal Questions

Much the same way as if you were not disabled and on SSI. That is, try to find an experienced lawyer who will offer you a reduced rate, or permit payment in installments. (Your State Bar may have a lawyer referral service. Or if you live in Madison you could call Community Justice, Inc. at 204.9642 between 1 pm and 4 pm Mon. through Thursday.) It is possible to file a Chapter 7, old fashioned straight bankruptcy without a lawyer, but it is really not advisable: the forms get somewhat complicated, and you could find yourself having to amend them time and again.... Read More

First, most Chapter 13 plans provide that you can't borrow any money without the trustee's approval. So, borrowing the mortgage money is a violation of the plan which could get his case dismissed.Second, parents have absolutely no right to take funds from their minor children, quite the opposite, parents have the responsibility to support their minor children - even if the children are rich and the parent is struggling (a child movie star, victim of a personal injury who wins a large judgment or one who inherits money, etc.) the parent still have the responsibility to support the child - not the other way around. Taking money from a minor child in your care is a serious crime.Third, any significant amount of funds received by the debtor need to be reported to the trustee. A large raise or promotion, a second job, family members "helping out", winning the lottery, etc.... Read More

Well, he can, but he could also murder some one. The question is whether he can get away with it. First of all, if you are the trustee or guardian of funds for your child, it's not your money to use, except for the specific benefit of the child. Secondly, it's not nice. The trustee may not know about it-but trustees sometimes find out all kinds of things you do not wish them to know. If you are short of funds, you could try selling some exempt asset(s), or borrowing on a short-term basis from family or friends.... Read More

You have not told me if you are in a bankruptcy, or which chapter it may be. But in general you are not supposed to incur any debt while you are in the bankruptcy. Still, if the lender is willing to lend, and you have a genuine emergency, I doubt anyone will hold it against you. But please remember, I am not your lawyer, and I am not providing the kind of professional legal advice which comes with a lawyer-client relationship.... Read More

Your spouse ought to be able to get a waiver to avoid taking the pre-filing and pre-discharge classes, but he will need to arrange to appear to answer the questions from the bankruptcy trustee by telephone. The prison officials will have to accommodate this request to testify by telephone. However, there will be a lot of effort to make the arrangements for this to take place, and if you do not have an attorney representing you, expect to struggle with this requirement.... Read More

I suggest you telephone the office of the U.S.Trustee (not the case trustee) in your federal district. They have a kind of policing or 'supervisory' role over much of what happens in a bankruptcy case, and they should be able to answer your question. (Of course, hiring a lawyer and consulting him or her is almost always the best course.) If they cannot, try the Clerk of the Federal Bankruptcy Court. The phone numbers are usually in telephone directories, or online.... Read More

Generally when a former client sues a lawyer, it is for legal malpractice. A significantly false representation about fact or law may be a part of the malpractice action. For such an action to reach the jury, you must show that the lawyer owed you a duty (easy to show); that he or she violated that duty; and that the violation was a direct, foreseeable, natural, cause of a provable loss to you. Nothing prevents you from suing a Chapter 13 lawyer-just as you can generally sue any professional. Since lawyers are usually defended by their malpractice insurer, and the insurers hire very skilled defense counsel, you must be ready to prove facts strongly. Of course, retaining a skilled legal malpractice lawyer is almost always worth the investment.... Read More

Bankruptcy is certainly one option you could reasonably consider. At the same time, you might be 'judgment-proof.' That means that you may not have any assets which your creditors could take from you if they won a judgment. Each state has a list of 'exempt property,' that is, property which your unsecured creditors may not take from you. You'll need to consult a local lawyer to find out if you are judgment proof. Of course, even if you are, you may be the kind of person who is stressed out by collectors' phone calls and letters. And in that case a bankruptcy is an effective tool to shut off that kind of bother. Finding a skilled bankruptcy lawyer is almost always a good idea.... Read More

Many people in Chapter 7 choose not to reaffirm and continue making the payments. This is called "pay as you go", technically, it's not legal and the lender could repo the vehicle at any time but most lenders would rather have money than used cars. If you stop making payments, the lender will repo the vehicle ... after a couple months. This can be inconvenient, say if you're in Krogers and you come out with a cart full of goodies and your ride is gone. I advise you to empty the car, it's irksome to have your smart phone, baby, 2014 tax return, etc., taken with the car.... Read More

So what information do you believe your attorney told your ex that was privileged? In bankruptcy, 99% of what you tell your lawyer goes into the public record and is not privileged? Most likely your attorney got a phone call from your ex and was being polite in telling him WHERE the courthouse was or explaining that the bankruptcy would not hurt your ex's credit.... Read More

Attorney-client privilege applies to confidential information conveyed by the client to the attorney. As a bankruptcy attorney, I regularly receive calls from creditors and other interested parties concerning a bankruptcy filing - I tell these people that they should contact their own attorney but I also give them information about the bankruptcy that is publicly available (for example, I verify that a bankruptcy has been filed, whether it's a Chapter 7 or a Chapter 13, the date the case was filed) and I inform them that the bankruptcy stay is in effect as to creditors. This is not a violation of the attorney-client privilege. I do inform my clients except about routine contacts from creditors.... Read More

We don't know who initiated the call. If your ex called your lawyer (after receiving a notice from the court about the Meeting of Creditors) your lawyer could tell him essentially innocuous things, like confirming the date and time of the Meeting, or telling him why your lawyer thinks your ex should be listed as a creditor (present or contingent). Your husband still might be liable on some of your debt, if it is marital debt. Lawyer-client privilege is not absolute. Your lawyer is free to discuss: (a) the identify of his client; (b) the size of the fee; (c) information given him for the purpose of further disclosure (such as all the information in the bankruptcy papers; (d) information he is impliedly permitted to share for the purpose of representing you. There are some others which are not relevant here. There is no indication from what you wrote that your lawyer violated any of the Rules of Professional Responsibility. Good Luck... Read More